During his show last night, Mark Levin spoke with CNSNews.com Editor in Chief Terry Jeffrey about the controversy over whether Supreme Court Justice Elena Kagan ought be recused from judging the challenge to Obamacare that the court will consider early next year.

LEVIN: “There seem to be a number of tributaries leading to her, nobody I name is walling her off, there’s no document that we’re aware of saying don’t send XYZ to the Solicitor General, she couldn’t have possibly known when she took over that position and yet when Obama was pushing Obamacare that she was up, would be up for a Supreme Court position.”

Jeffrey pointed out the House Judiciary Committee has requested documents and interviews on the matter from the Justice Department, but the Justice Department has refused to comply.

JEFFREY: “The Justice Department’s now stonewalling the House Judiciary Committee, which is asking for documents in this, and they’re asking to interview Katyal (Top Deputy to then Solicitor General Kagan) and some others. They won’t cooperate. They don’t want this information to come out…”

Both Levin and Jeffrey agreed the House Judiciary Committee will need to subpoena relevant information from the Justice Department in order to get the whole story.

LEVIN: “Alright, so let me just slow you down – so, they need to subpoena this stuff.”

MR JEFFREY: “They need to subpoena, if we’re going to get to truth out of this, the House Judiciary Committee needs to subpoena…”

LEVIN: “And they need to do it fast.”

JEFFREY: “They need to do it fast, they need to know the truth, they need to talk to the people who know, they need to get sworn testimony, and (LEVIN: “Alright”) see what the answers are.”